Maywood City Zoning Code
PART 4
Subdivision of Land
§ 209-66 Title.
This Part 4 shall be known and may be cited as the "Land Subdivision Ordinance of the Borough of Maywood," hereinafter referred to as "this Part 4."
§ 209-67 Intent.
The intent of this Part 4 is to provide rules, regulations and standards to guide land subdivision in the Borough in order to promote the public health, safety, convenience and general welfare of the Borough and the inhabitants thereof. It shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
§ 209-68 Definitions.
As used in this Part 4, the following terms shall have the meanings indicated:
The lands required for the installation of stormwater sewers or drainage ditches or required for drainage purposes along a natural stream or watercourse or other body of water.
The final map of all or a portion of the subdivision which is presented to the municipal agency for final approval in accordance with regulations established by this Part 4 and which, if approved, shall be filed with the proper county recording officer.
A subdivision of land for the creation of not more than three lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated in accordance with the provisions of N.J.S.A. 40:55D-42.
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Part 4.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this Part 4 or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a municipal agency and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
ARTERIAL STREETSThose streets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this Part 4 to effect a subdivision of land hereunder for himself or for another. Such person shall be the owner of the property or shall obtain the owner's consent, in writing, to apply for such subdivision.
A committee of at least three members of the municipal agency appointed by the Chairperson of the agency for the purpose of classifying subdivisions in accordance with the provisions of this Part 4 and for performing such other duties relating to land subdivision as may be conferred on the committee by the agency.
§ 209-69 Exemptions.
A.
Notwithstanding any other provision of this Part 4, subdivision approval shall not be required for any acquisition or sale of land by the Borough of Maywood or for any development undertaken by the Borough of Maywood on lands owned, leased or to be owned or leased by the Borough of Maywood, provided that such acquisition, sale or development is authorized by resolution or ordinance adopted by the Mayor and Council.
B.
Except as otherwise provided, the Mayor and Council may refer any proposal for acquisition, sale or development to the municipal agency for its review, comments and recommendations prior to effecting such acquisition or sale or commencing construction of such development. This referral may be waived at the discretion of the Mayor and Council. Upon such referral, the municipal agency shall review and evaluate the same and apply the same criteria thereto as if such acquisition, sale or development did, in fact, require subdivision approval. Such review, however, shall be advisory only, and under no circumstances shall the approval of the municipal agency be required.
[Amended 7-29-1997 by Ord. No. 15-97]
§ 209-70 Submission of plat.
Any subdivider of land within the Borough, prior to subdividing or resubdividing land, shall submit to the administrative officer, at least two weeks prior to the regular meeting of the municipal agency, at least 15 copies of a plat of the proposed subdivision for purposes of classification and approval.
§ 209-71 Review and approval.
Minor subdivisions shall be reviewed and approved by the municipal agency in accordance with the provisions of N.J.S.A. 40:55D-47.
§ 209-72 Notice and hearing.
For the purpose of minor subdivision approval procedure, the municipal agency is hereby empowered to waive notice and public hearing for an application for development if the municipal agency or Subdivision Committee thereof finds that the application for development conforms to the definition of "minor subdivision" as set forth herein.
§ 209-73 Distribution of copies.
The administrative officer shall furnish one copy of the plat, prior to approval thereof, to each of the following:
§ 209-74 Effect of determination of major subdivision.
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which shall be returned to the subdivider for compliance with the procedure in Article XV.
§ 209-75 Submission of preliminary plat.
A.
Any subdivider of land within the Borough, prior to subdividing or resubdividing land, shall submit at least 15 black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval, to the administrative official at least two weeks prior to the meeting of the municipal agency at which consideration is desired.
B.
The administrative official shall immediately notify the Secretary of the municipal agency upon receipt of a preliminary plat.
§ 209-76 Distribution of copies.
§ 209-77 Review and approval.
Preliminary major subdivisions shall be reviewed and approved by the municipal agency in accordance with the provisions of N.J.S.A. 40:55D-48.
§ 209-78 Effect of preliminary approval.
A.
If the municipal agency acts favorably on a preliminary plat, a notation to that effect shall be made on the plat, and the Chairperson of the municipal agency shall affix his signature to the plat. The plat shall be returned to the subdivider for compliance with final approval requirements.
B.
Preliminary approval of a major subdivision shall confer upon the applicant, for a three-year period from the date of the preliminary approval, the rights set forth in N.J.S.A. 40:55D-49, except as otherwise provided by Subsection d thereof.
§ 209-79 Final approval.
A.
The municipal agency shall grant final subdivision approval in accordance with the provisions of N.J.S.A. 40:55D-50.
B.
The municipal agency shall, within the applicable time period set forth in this Part 4 and after public meeting, approve the application for final subdivision approval, with or without conditions, provided that the following requirements are met:
(1)
Detailed drawings and specifications meet all applicable codes and ordinances.
(2)
The final plat is substantially the same as the approved preliminary subdivision.
(3)
All improvements have been installed or bonds posted to insure the installation of improvements.
(4)
The applicant agrees, in writing, to all conditions of final approval.
(5)
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
§ 209-80 Effect of final approval.
Final approval of a major subdivision shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-52.
§ 209-81 Guaranties.
A.
Performance and maintenance guaranties, extensions in the time allowed for the installation of required improvements, extensions and releases of required performance guaranties, the obligations and responsibilities of sureties and obligors respecting such improvements, the acceptance and rejection of such improvements and the reimbursement of the Borough for inspection fees shall be governed in accordance with the provisions of N.J.S.A. 40:55D-53.
B.
The Borough Engineer shall review the improvements required by approving authority which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of performance guaranty and maintenance guaranty required by the approving authority. The Borough Engineer shall forward his estimate of the cost of improvements to the approving authority within 15 days of the date of receipt of a request by that authority.
C.
Any performance guaranty or maintenance guaranty required hereunder shall be of a form approved by the Borough Attorney.
§ 209-82 Filing and recording of approval.
Final approval of major subdivisions shall be filed and recorded in accordance with the provisions of N.J.S.A. 40:55D-54.
§ 209-83 Preliminary plat.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 30 feet. It shall be designed and drawn by a land surveyor duly licensed in New Jersey. The preliminary plat shall be designed in compliance with the provisions of Article XVIII of this Part 4 and shall show or be accompanied by the following information:
A.
A key map showing the entire subdivision and its relation to surrounding areas.
B.
All existing structures within the portion to be subdivided, with setbacks to all side lines, including the proposed subdivision line: and all structures within 50 feet of the property to be subdivided.
C.
The square footage of existing and proposed lots.
E.
The acreage of the tract to be subdivided to the nearest tenth of an acre.
F.
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets.
G.
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain-pipes and natural features, such as wooded areas and rock formations, and all streets, roads, streams and wooded areas within 200 feet of the subdivision.
H.
The plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply system is proposed, the plan for such system must be approved by the appropriate Borough, county or state health agency. Any subdivision or part thereof which does not meet with the established requirements of this Part 4 or other applicable regulations shall not be approved. Any remedy proposed to overcome such situation shall first be approved by the appropriate Borough, county or state health agency.
I.
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
§ 209-84 Final plat.
The final plat shall be drawn at a scale of one inch equals 30 feet and in compliance with all the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., P.L. 1969, c. 141. The final plat shall show or be accompanied by the following:
A.
The date, name and location of the subdivision, name of the owner, graphic scale and reference meridian.
B.
The tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, all with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
C.
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
D.
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one.
E.
The minimum building setback line on all lots and other sites.
F.
The location and description of all monuments.
G.
The names of owners of adjoining unsubdivided land.
H.
Certification by an engineer or land surveyor licensed in New Jersey as to the accuracy of details of the plat.
I.
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
J.
Certification of approval on the plat by a Borough, county or state officer or body when such approval is required.
K.
Cross sections and profiles of streets, approved by the Borough Engineer may be required to accompany the final plat.
L.
Plans and profiles of storm and sanitary sewers.
M.
A certificate from the Tax Collector that all taxes are paid to date.
§ 209-85 Required improvements.
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following on-tract improvements:
A.
Streets.
B.
Street signs.
C.
Curbs, gutters or both.
D.
Sidewalks.
E.
Streetlighting.
F.
Shade trees of such type, location, size and number as specified by the Shade Tree Commission of the Borough of Maywood.
G.
Topsoil protection. No topsoil shall be removed from the site or used in accordance with the provisions of Ordinance No. 16-85 relating to soil removal and deposit as spoil.[1] Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
H.
Monuments, to be of the size and shape required by Chapter 141 of the Laws of 1960, N.J.S.A. 46:23-9.11, and to be placed in accordance with said statute.
I.
Water mains, culverts, storm sewers and sanitary sewers.
§ 209-86 Installation, inspection and approval.
A.
All improvements referred to in § 209-85 hereof shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.
B.
All of said improvements shall be subject to inspection and approval by the Construction Official and/or the Borough Engineer, as applicable, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
§ 209-87 Performance guaranties.
No final plat shall be approved by the municipal agency until the completion of all the required improvements listed in § 209-85 hereof has been certified to the municipal agency by the Borough Engineer, unless the subdivision owner shall have filed with the Borough Clerk a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Borough Engineer and assuring the installation of such uncompleted improvements on or before an agreed date, as provided in § 209-81 hereof.
§ 209-88 Compliance required.
The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as hereinafter set forth in this Part 4.
§ 209-89 General standards.
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. The subdivision shall conform to the proposals and conditions shown on the Official Map or Master Plan. The streets, drainage rights-of-way, school sites, public parks and playgrounds or other areas shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
§ 209-90 Streets.
A.
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
B.
Minor streets shall be so designed as to discourage through traffic.
C.
Subdivision abutting arterial streets shall provide a marginal service road or reserve frontage with a buffer strip for planting or some other means of separation of through and local traffic as the municipal agency may determine to be appropriate.
D.
The right-of-way width shall be measured from lot line to lot line at a right angle thereto and shall not be less than the following:
(1)
Arterial streets: 80 feet.
(2)
Collector streets: 60 feet.
(3)
Minor streets: 50 feet.
(4)
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to accommodate safely the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment
E.
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the municipal agency.
F.
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a grade of less than 1/2 of 1%.
G.
Street intersections shall be as nearly at right angles as circumstances will allow and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
H.
Street jogs with center-line offsets of less than 125 feet are prohibited.
I.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
J.
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
K.
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
L.
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
M.
No street shall have a name which duplicates the name of an existing street or is so similar to the name of an existing street as to be easily confused with it. The continuation of an existing street shall have the same name.
§ 209-91 Blocks.
A.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the provisions of Part 2, Zoning, hereof and to provide for convenient access, circulation control and safety of street traffic.
B.
In blocks over 1,000 feet long, pedestrian walkways may be required in locations deemed necessary by the municipal agency. Such walkways shall be 10 feet wide and shall be straight from street to street.
C.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
§ 209-92 Lots.
B.
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Each lot must front upon an improved street at least 50 feet in width except lots fronting on streets described in § 209-90D(4) hereof.
D.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as rock formations, drainage, flood conditions or similar circumstances, the municipal agency may, after adequate investigation, withhold approval of such lots.
§ 209-93 Public use and service areas.
A.
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required by the municipal agency. Such easement shall be at least 15 feet wide and located in consultation with the public utility companies or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse, drainage-way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as the municipal agency may deem adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.